# 16 CFR § 3.39: Orders requiring witnesses to testify or provide other information and granting immunity

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/ecfr-16-3.39

## Section

- **Citation:** 16 CFR § 3.39
- **Heading:** Orders requiring witnesses to testify or provide other information and granting immunity
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** September 22, 2026
- **Source:** Publisher's official text
- **Location:** Title 16—Commercial Practices > CHAPTER I—FEDERAL TRADE COMMISSION > SUBCHAPTER A—ORGANIZATION, PROCEDURES AND RULES OF PRACTICE > PART 3—RULES OF PRACTICE FOR ADJUDICATIVE PROCEEDINGS > Subpart D—Discovery › Compulsory Process

## Text

(a) Where Commission complaint counsel desire the issuance of an order requiring a witness or deponent to testify or provide other information and granting immunity under 18 U.S.C. 6002, Directors and Assistant Directors of Bureaus and Regional Directors and Assistant Regional Directors of Commission Regional Offices who supervise complaint counsel responsible for presenting evidence in support of the complaint are authorized to determine:
(1) That the testimony or other information sought from a witness or deponent, or prospective witness or deponent, may be necessary to the public interest, and
(2) That such individual has refused or is likely to refuse to testify or provide such information on the basis of his or her privilege against self-incrimination; and to request, through the Commission's liaison officer, approval by the Attorney General for the issuance of such order. Upon receipt of approval by the Attorney General (or his or her designee), the Administrative Law Judge is authorized to issue an order requiring the witness or deponent to testify or provide other information and granting immunity when the witness or deponent has invoked his or her privilege against self-incrimination and it cannot be determined that such privilege was improperly invoked.
(b) Requests by counsel other than Commission complaint counsel for an order requiring a witness to testify or provide other information and granting immunity under 18 U.S.C. 6002 may be made to the Administrative Law Judge and may be made ex parte. When such requests are made, the Administrative Law Judge is authorized to determine:
(1) That the testimony or other information sought from a witness or deponent, or prospective witness or deponent, may be necessary to the public interest, and
(2) That such individual has refused or is likely to refuse to testify or provide such information on the basis of his or her privilege against self-incrimination; and, upon making such determinations, to request, through the Commission's liaison officer, approval by the Attorney General for the issuance of an order requiring a witness to testify or provide other information and granting immunity; and, after the Attorney General (or his or her designee) has granted such approval, to issue such order when the witness or deponent has invoked his or her privilege against self-incrimination and it cannot be determined that such privilege was improperly invoked.
(18 U.S.C. 6002, 6004)
[74 FR 1830, Jan. 13, 2009]

## Nearby sections

- [16 CFR § 3.1 § 3.1 Scope of the rules in this part; expedition of proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.1.md)
- [16 CFR § 3.2 § 3.2 Nature of adjudicative proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.2.md)
- [16 CFR § 3.11 § 3.11 Commencement of proceedings.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.11.md)
- [16 CFR § 3.12 § 3.12 Answer.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.12.md)
- [16 CFR § 3.13 § 3.13 Adjudicative hearing on issues arising in rulemaking proceedings under the Fair Packaging and Labeling Act.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.13.md)
- [16 CFR § 3.14 § 3.14 Intervention.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.14.md)
- [16 CFR § 3.15 § 3.15 Amendments and supplemental pleadings.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.15.md)
- [16 CFR § 3.21 § 3.21 Prehearing procedures.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.21.md)
- [16 CFR § 3.22 § 3.22 Motions.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.22.md)
- [16 CFR § 3.23 § 3.23 Interlocutory appeals.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.23.md)
- [16 CFR § 3.24 § 3.24 Summary decisions.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.24.md)
- [16 CFR § 3.25 § 3.25 Consent agreement settlements.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.25.md)
- [16 CFR § 3.26 § 3.26 Motions following denial of preliminary injunctive relief.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.26.md)
- [16 CFR § 3.31 § 3.31 General discovery provisions.](https://www.frixlaw.com/law-library/statutes/ecfr-16-3.31.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-16-3.39. Check the current official text before relying on it. Not legal advice.